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以民主原则、宪政和法治原则、权利制约原则为前提,结合我国宪政体制和监督体系来看我国检察机关的司法属性与其法律监督机关的地位并不矛盾。现代检察制度是大陆法系实现对法官和警察的双面控制、以权力制约确保民主与法治的产物,我国系大陆法系一脉,应强化检查制度独立性,以权力的程序控制为核心实现对检察权能的合理配置。
Judging from the principle of democracy, constitutional government and the rule of law, and the principle of the right to restrict, judging from the constitutional system and the supervision system of our country, the judicial attribute of the procuratorial organs of our country is not contradictory to the status of the legal supervision organ. The system of modern procuratorial system is the result of double-sided control over judges and police in the civil law system and the product of the restriction of power to ensure democracy and the rule of law. China is the birthplace of the civil law system and should strengthen the independence of the inspection system and take the procedural control of power as the core Reasonable allocation of procuratorial powers.